Rule 82.05.Restrictions on Legal Personnel After Employment by a Court.
Part II · Rule 82: Terms and Duties of Chief Justice and Judges of This Court and the Court of Appeals—Designation of Court of Appeals and Districts Thereof—Duties and Other Matters Relating to the State Courts Administrator and Other Court Personnel · Last amended January 1, 2025 · Last verified July 22, 2026
This rule prints two full, separately-dated versions in the official compilation (a pending or recent amendment straddle); both are shown below.
Full Text of Rule 82.05
Amendment History
Effective until January 1, 2025
Adopted Dec. 17, 1991, eff. July 1, 1992. Amended Sept. 22, 1992, eff. July 1, 1993.
Effective January 1, 2025
Adopted Dec. 17, 1991, eff. July 1, 1992. Amended Sept. 22, 1992, eff. July 1, 1993; Amended June 4, 2024, eff. Jan. 1, 2025.
Plain-English Summary
Rule 82.05 governs what a person who has worked as a lawyer, law clerk, research attorney, or legal assistant for the Supreme Court or a district of the court of appeals can do once that job ends. Through the end of 2024, the rule imposes a flat cooling-off period: on top of any restriction Rule 4 already places on the person's practice, that former employee cannot appear at counsel table or sign any filing in any case before the same court — the Supreme Court, or the specific court of appeals district — for six months after leaving.
Starting January 1, 2025, the rule changes shape. Instead of a blanket six-month timer that clears after half a year regardless of the case, the new version imposes a case-specific bar with no expiration date: a former lawyer, law clerk, research attorney, or legal assistant can never do legal work on a case that was pending before the court during their tenure there. If that person later joins or becomes associated with a law firm representing a party in such a case, the firm and the former employee have to comply with Rule 4-1.11(a), the professional-conduct rule governing successive government and judicial employment.
The practical effect cuts in both directions. The new version lifts the old six-month exile from all new matters at the court — a former clerk can take on a brand-new case there the day after leaving. But for any case that crossed their desk while they worked there, the restriction is no longer temporary. It lasts for as long as that case remains pending.
Frequently Asked Questions
What was the six-month rule under the old version of Rule 82.05?
A former lawyer, law clerk, research attorney, or legal assistant could not appear at counsel table or sign filings in any case before that same court for six months after leaving.
What changed on January 1, 2025?
The six-month timer was replaced with a permanent, case-specific bar on doing legal work on any case that was pending before the court during the person's tenure there.
Can a former law clerk ever work on a case that was pending at their old court?
Under the version effective January 1, 2025, no — the bar on that specific case has no time limit.
Does the new rule apply to both the Supreme Court and the court of appeals?
Yes, it applies to former employees of this Court and of the court of appeals alike.
What happens if a former clerk's new law firm represents a party in such a case?
The firm and the former employee must comply with Rule 4-1.11(a).
Is the six-month bar still in effect for anything?
The flat six-month bar applied to the version in effect until January 1, 2025; the version effective on and after that date uses the permanent, case-specific bar instead.